Bryan carter started court action despite case against Lloyds stayed

[dx100uk]

update:

 

i have held of filing my defence to see what response i get from Bryan Carters.

 

I have recieved 3 letters in 1 envelope responding to my cpr requests.

 

letter1:

 

in relation to your part 31.14 request, we have submitted this to our client but will require an extension of time to comply. We confirm that we agree an extension of time for you to file your defene until the 10th f september 2010 if we have not provided you with a copy of the agreement by 3rd of September please revert to us and we will agree a further extension subject to the courts approval.

 

 

thats not for them to decide the judge does that!

 

 

letter2:

 

Thank you for your second letter. We have requested the information you seek from our client and will respond as soon as we are in a position to do so.We will require an extension of time in order to comply and request a further 28 days. In the meantime we have referred your request to our client and will revert to you in due course.

 

 

same as above.

 

 

Letter3:

 

Thank you for your recent letter. We are instructed by our client Phoeix Recoveries (uk) limited and in an attempt to settle this matter before hearing and in order to avoid either party incurring further costs, we confirm on a without prejudice basis that we are prepared to withdraw provided that there is no order as to costs.

 

hehe in other words stuffed!!! well done. you won.

 

If you agree to this proposal please sign the bottom of this letter and return it to us as soon as possible.

 

what do people make of all this?????

 

Shall i call the court Monday morning to ask if the claimant has agreed an extension? just in case it is trying to fool me into not filing my defence in time.

 

And what does the 3rd letter mean?

 

not my exact game but i think thats it. another victory for cag:D

 

dx

[Guest]

well done on their withdrawal.

re letter 3 - i think they are basically saying, 'without prej', that if you don't apply for costs, then they will withdraw?

(be wary though that as a defence has not been filed, there may not be the protection afforded by cpr 38.7 re them making another claim later on!?)

Edited July 30, 2010 by Ford
typo

[bluedannyw]

Thanks DX200uk & Ford

 

It seems good news, but i need to make sure i dont let thenm sneak a judgement against me.

 

I am thinking of sending a letter to them saying that I will accept their proposal on the understanding that i hear no more of this alleged debt.

 

The one thing that worries me is they ask me to sign the letter and send it back. I dont like the idea of giving them my signature to forge.

 

The date of issue of the claim was 12th of July. So not sure when my The defence needs to be filed by (9th aug i think). So not sure if i will be able to get a response back in time from them about my ternms.

 

Also do I need to let the court know what i have recieved? Shall i send them copies to put in the case file?

[citizenB]

Make your signature slightly different.. alternatively, sign over a grid of

 

XXXXXXXXXXXXX

XXXXXXXXXXXXX

XXXXXXXXXXXXX

 

Adjust the colour of the grid to say, a mid grey or light yellow.

 

There is of course, CAG's SignGuard option. You will find a link under a lot of avatars. In fact there is a link under my disco kitty

[bluedannyw]

Thanks Citizen i may try the grid idea.

 

The date of issue was 12-Jul so i have 28 + 5 days to file my defence.

 

So if i send a letter asking them to follow my terms of never hearing from them about this alleged debt, then get a reply and then respond again. It could be getting close to the deadline.

 

So would it be best for me to still file my defence?

[bluedannyw]

This is the letter I plan to send in response.

Thank you for your letter of XX/XX/10.

I am writing in response to your clients proposal of withdrawal. I am willing to accept the proposal of withdrawal and to not ask the court for costs on the understanding that I never hear anymore of this alleged debt from Phoenix Recoveries or any other organization working for them. If I can have this confirmed in writing, I will be willing to sign the form and return to you.

Hopefully this can all be completed by XXX the XXth, as this is when my defence needs to be filed.

Yours sincerely,

 

 

 

 

[dx100uk]

it would be nice to get it removed from cra too?

 

don't know if that can be linked in to it anyhow?

 

dx

[Ell-enn]

This is the letter I plan to send in response.

 

Thank you for your letter of XX/XX/10.

 

I am writing in response to your clients proposal of withdrawal. I am willing to accept the proposal of withdrawal and to not ask the court for costs on the understanding that I never hear anymore of this alleged debt from Phoenix Recoveries or any other organization working for them. If I can have this confirmed in writing, I will be willing to sign the form and return to you.

 

Hopefully this can all be completed by XXX the XXth, as this is when my defence needs to be filed.

 

 

Yours sincerely,

 

 

 

 

 

Send it by recorded delivery and keep a copy for yourself.

[bluedannyw]

I sent the letter recorded delivery on Monday 2nd August.

 

I'm not sure whether I should still put my defence in now or wait til it gets closer to the deadline.

 

The claim was issued on the 12th of July so I think i need to get the defence in by the 9th (that is 28 days).

[unclebulgaria67]

It is worth asking the court to make sure you are clear on the deadline. Also mention that Bryan Carter has said they will withdraw and ask if the court has heard anything about this.

[bluedannyw]

Well, I issued my defence on the 10th of August. I sent Bryan Carter's a letter staing that I would not pursue costs if they agreed that this will be last that I ever heard of this apparent debt. The only response I recieved was the same letter again asking me to sign the statement agreeing to not pursue costs, but with also a stamp addressed envelope inside. I decide to let them stew on it and never sent the envelope back.

I then recieved a letter from the court saying they now have 28 days to respond to my defence.

It has now been well over 28 days and I have heard no more, also the mcol site still has no more updates!!

 

surely the court should now throw out the claim as they have not responded!! or do I have to instruct the court to do something???

[bluedannyw]

Bump

[sillygirl1]

Speak to the court and find out what your next step is, BC are known to abuse the online system so you have to be careful.

[bluedannyw]

Hi,

 

Bryan Carter finally wrote to me last year explaining that they will no further be proceeding with this case lasy year.

 

But I never did anymore about this, I just looked on the mcol website and saw this case is still open.

 

It just shows that the last action is the defence was recieved i August of last year.

 

Do I need to dosomething now to close the case?, DoI need to write to the court and ask for the case to be struck out?

 

Dan

[AndyOrch]

Hi Dan

 

Did you never receive a Notice of Discontinuance from the Claimant? The claim may not necessarily be active just because its still showing on MCOL

It may be stayed because of no response to your defence and for it to resurrected he would have to pay a fee and give great explanation

as to that non response. Alternatively you could make application to strike out the claim N244 but there will be a fee unless you are exempt.

 

Regards

 

Andy

[bluedannyw]

thanks AndyOrch

 

I recieved a letter which just read:

 

Please be advised the county court claim No. ******** has been discontinued.

 

Signed Bryan Carter

 

I don't believe he will resurrect the claim now as if he had a case, he would of carried on last time. but i would hate to lose the case later down the line on a technicality of me not striking the case out. But I also don't believe I should have to pay out either.

 

Can you strike out the case and them claim back costs?

 

Dan

[dx100uk]

phone the court and ask what the is going on

 

dx

[Guest]

it seems that this is becoming/is common practice by BC (saying that it has been discon when maybe it hasn't?). official complaints in order?

Edited June 16, 2011 by Ford
typo

[AndyOrch]

If it is still live on their system just send them a copy of the NoD, no need to strike out Dan.

That should be the end of the matter, keep that NoD safe!!!!!

 

Andy

[bluedannyw]

Thanks Andy,

 

What send a copy of the letter to Northampton Court?

[Guest]

yes, if that was the court dealing.

[Gallahad]

To all those who have made arrangements to pay by direct debit. Please be warned the lowlifes latest trick is to phone to tell you your direct debit has been refused by your bank when it has not.

They then ask for your debit card details to collect the payment, they then use it to clean out your account.

G

[sillygirl1]

This is why it is useful to have a spare account where you can keep x amount in for untrustworthy sources.

 

I have three accounts, one for money going in, one for the rent and household bills and one for the internet and untrustworthy sources, that way my main income source isn't at risk. Since setting up this system I've managed to stay out of major financial difficulties.

[Gallahad]

Brilliant advice SG and confirms once more the totally irony behind your name

Love IT!!!

G

[sillygirl1]

Thanks Gallahad, can you click my star please? I haven't had any clicks for a while now!

 

The best form of attack for the likes of Mr Carter (and another firm in Wimbledon) is to make it very difficult for them, they will then 'run away' and pick on easier prey. Hopefully though with the internet more widely available people will google the name first and end up here and on other forums.

 

By the way the 'house' bank account can also be used to prove that you contribute, pay rent/mortgage etc for DWP/DSS/Tax purposes... very useful to keep track of 'actual' expenses. I would keep food out of this account though unless you have a joint contribution to the food bill. It's more of an account for 'priority' debts than a 'spending' account.